TAC claim threshold
There is no TAC claim threshold required to have an initial TAC claim accepted – other than that you have suffered an injury in a motor vehicle accident connected to Victoria.
In relation to claiming lump sum compensation under the TAC system, there are thresholds you need to meet in order to be entitled to compensation.
This page will explore relevant thresholds under the TAC system.
Initial TAC claim
If you have suffered an injury as a result of a transport accident, then you are more than likely entitled to TAC assistance.
This is provided that the accident occurred in Victoria or if it didn’t occur in Victoria, that the accident involves a registered motor vehicle at the time of the accident or a person was either a resident of Victoria or the driver of or a passenger in the registered motor vehicle.
Specifically in relation to the injury aspect, it is enough that you have suffered AN injury.
The Transport Accident Act (the act that covers TAC claims) defines an injury as a physical or mental injury which includes nervous shock suffered by a person who is directly involved in an accident.
It also involves a person who witnessed the accident or the immediate aftermath of the accident.
Severity of injury not relevant in relation to initial claim
In relation to injury, for initial TAC claim, the severity of the injury is not relevant.
You could have a very minor injury that does not require any treatment.
You may have a very significant injury that might require a significant amount of treatment.
It doesn’t matter for the purposes of the initial claim.
In both instances, the TAC claim would stand the same chances of being accepted, all other things being equal.
The issue of fault
Another thing worth pointing out in relation to the initial TAC claim threshold is that fault is not relevant.
You do not need to show that another party was at fault for the accident to lodge and have accepted a TAC claim.
All that is required is that you satisfy the criteria referred to above.
A person who is involved in an accident where they might have been at fault, generally speaking, has the same chance of their TAC claim being accepted as a person who was involved in an accident where another party was at fault.
In addition to the TAC claim threshold explained above, there are a number of different parts to a TAC claim.
Each of these parts has its own threshold or thresholds that need to be considered.
The rest of this page will explore each part of a TAC claim further.
Medical expenses
Once you have an accepted TAC claim, then you are entitled to the payment of medical and like expenses.
The TAC will pay the cost of ‘reasonable’ medical and like expenses.
Income payments
In relation to income payments after an accident, a person is entitled to be paid income payments if they have a total loss of earnings as a result of the injury.
A person is also entitled to income payments if they have a partial loss of earnings as a result of the injury.
There is no threshold level of income when it comes to partial loss.
That is, a person is entitled to income payments from the TAC whether they can work at 50% capacity, or whether they can work at 90% capacity.
A person needs to obtain certificates of capacity and be certified as having no capacity for work, or having a capacity for modified duties in order to obtain income payments.
A person also needs to be earning prior to the accident, or have prospective employment lined up prior to the accident.
The minimum amount payable by the TAC is $740 per week. If your pre injury average weekly earnings (PIAWE) figure is below this threshold, then you be uplifted by the TAC to $740 per week.
Impairment lump sum claim
When it comes to claiming an impairment benefit lump sum, you need to be assessed as having a total whole person impairment rating of 11% or greater.
If you fail to reach this threshold level of impairment, then you will not be entitled to an impairment lump sum.
Common law lump sum
The first threshold that needs to be met in relation to a common law claim is that you have a serious injury.
If you are unable to show that you have a serious injury as a consequence of the accident, then you will not succeed in a common law claim regardless as to the extent of negligence on behalf of another party.
A serious injury certificate can be obtained by either getting assessed as having a 30% or greater whole person impairment rating in relation to an impairment lump sum claim.
Or alternatively, it can be satisfied by painting a before and after picture.
That is, how you were before the accident and how you are after the accident.
The bigger an impact that the injury sustained in the accident has on your life, the more likely you are to be considered as having a serious injury.
This is called the narrative test.
The second threshold that must be met is that there is negligence on behalf of another party.
You could be partially negligent in relation to the accident, and you would still be able to pursue a common law claim if another party was in some way negligent.
Conclusion
When it comes to the lodgement of an initial TAC claim, there is no TAC claim threshold that a person must meet in relation to the severity of the injury suffered in an accident.
It does not matter, for the purposes of an initial TAC claim, whether a person has suffered a minor injury or a severe injury.
It also does not matter, for the purposes of an initial TAC claim, whether there was negligence on behalf of another party.
The threshold when it comes to medical and like expenses is whether a particular type of medical expense or treatment is reasonable.
A person is entitled to income payments after an accident if their ability to work has been impacted, whether that means that they are not able to work at all. Or, whether they can work at, for example, 50% of their pre accident capacity, or 90%.
In order to be entitled to an impairment benefit lump sum claim a person must be assessed as having an overall whole person impairment rating of 11% or greater.
In order to be entitled to common law damages a person must show both they have a serious injury as a consequence of the accident, and there was negligence on behalf of another party.
